Jury awards former Cambridge employee $4.5 million

A Middlesex Superior Court jury awarded a former city employee $4.5 million Friday in her wrongful termination lawsuit against the city.

Erin Smith

A Middlesex Superior Court jury awarded a former city employee $4.5 million Friday in her wrongful termination lawsuit against the city.

Malvina Monteiro, who served as the executive director of the Police Review and Advisory Board from 1990 until she was fired in 2003, accused City Manager Bob Healy of retaliating against her. He ultimately fired her after she filed a complaint alleging racial discrimination in the workplace.

“This is a gratifying day for me. I am deeply humbled that the jury understood my experience — and appreciated how devastating it is to face retaliation for doing what you believe is right,” said Monteiro in a statement through her lawyer. “This verdict helps me move forward, restoring my dignity and sense of self-worth.”

Ellen Zucker, Monteiro’s lawyer, estimated the city could end up paying out more than $6 million total once Monteiro’s attorneys’ fees and statutory interest are added to the award.

The jury awarded Monteiro $3.5 million in punitive damages, $962,400 in back pay and damages and $100,000 for emotional distress.

The city plans to appeal the ruling, according to Healy.

“The city believes that the plaintiff introduced no evidence of retaliatory animus, that the jury had no legitimate basis on which to reach any such finding, and that the award of punitive damages in a case in which a previous jury was unable to reach a verdict on the retaliation claim at all was improper,” said Healy in a released statement.

Through a spokesperson, Healy refused an interview request and would not release how much money the decade-long case has cost the city.

The city hired Joan Lukey, a partner at the high-profile law firm WilmerHale.

In 1998, Monteiro, who is black and emigrated from Cape Verde, filed a discrimination complaint against the city with several other female managers. Zucker said Healy retaliated against Monteiro by stripping her of some of her duties, soliciting complaints against her and firing her in 2003 after a yearlong investigation.

“When Ms. Monteiro filed a claim and her claim related very specifically to the conduct of the City Manager, she knew she was taking a very big risk,” said Zucker.

Monteiro claimed the city discriminated against her by paying white employees with similar responsibilities more money and not offering her the flexibility afforded some white department heads.

Monteiro’s case first went to trial in 2005.

Jurors ruled that Cambridge officials hadn’t given preferential treatment or higher pay to white employees, but deadlocked over whether the city discriminated or retaliated against Monteiro after she filed a complaint alleging racial discrimination.

Monteiro’s new jury trial, which started May 5, focused on whether Healy retaliated against Monteiro after she filed a discrimination complaint. The jury deliberated for about two-and-a-half days before ruling in Monteiro’s favor, according to Zucker.

Monteiro is one of five women who accused city officials of racial discrimination in the workplace. Since the lawsuit against the city started nearly a decade ago, two of the women — Florencia LaChance and Marian Hampton — have moved out of state and are no longer pursuing their case. Zucker is representing the remaining two women — Mary Wong and Linda Stamper — whose cases are expected to head to separate trials soon.

All of the women are former city employees except Mary Wong, who is the executive director of the Cambridge Kids’ Council.